How the nature of memory can cause false confessions in New Jersey cases

Mar 29, 2016

How the nature of memory can cause false confessions in New Jersey cases

Posted By
Brickfield & Donahue

Research suggests that wrongly accused people can develop convincing false
memories of their alleged offenses, which could result in false confessions.

Research into eyewitness errors, which occur surprisingly often, indicates
that relying too much on human memory during criminal justice proceedings
can be risky. Unfortunately, eyewitness testimony isn't the only aspect
of a criminal case that can introduce false memories and the potential
for wrongful convictions. One study suggests that the memories of the
wrongly accused can also easily become distorted, possibly increasing
the likelihood of false confessions.

Convincing but false recollections

The Toronto Star explains that the study's researchers interviewed
70 university students with the goal of making each student recall a fabricated
memory. The researchers collected information about a real and highly
memorable event that occurred during each participant's adolescence.
Then, the researchers asked the participants to remember both the real
event and the fictional one. They vaguely described the fictional event
as an assault or an event that resulted in police contact.

Over the course of three 40-minute interviewers, the researchers used poor
memory retrieval tactics to help students remember their supposed offenses.
For instance, they assured the students that the event was real and that
they could recall it with enough effort. The researchers also encouraged
the students to try visualizing the incident or imagining how they would
have felt during it.

Overall, the results were troubling. Over 70 percent of the students ultimately
came to believe that they had committed juvenile criminal offenses. Some
fabricated elaborate, emotional stories, and many felt guilt or remorse
over their supposed infractions. Some students maintained that they had
committed crimes even after the researchers explained that the memory
in question was false. All of these findings have troubling implications
for innocent people who find themselves facing criminal accusations.

A look at false confessions

In this particular study, the researchers did not use any of the tactics
that are known to increase the risk of false confessions. According to
the Innocence Project, these confessions frequently occur due to the following factors:

• Fear - based on direct threats or misperceptions, wrongly accused
people may worry that they will face harsh sentencing, physical violence
or other adverse outcomes if they don't confess.

• Impairment - people with mental disabilities and people who are
temporarily impaired, due to exhaustion, intoxication or stress, may be
likelier to give false confessions.

• Misunderstanding - people who don't clearly understand the situation
or relevant laws may also be more prone to give false confessions.

The fact that so many students admitted to things they didn't do, such
as assault or other violent criminal offenses, in the absence of these
tactics is troubling. People who face direct accusations, detainment and
prolonged interrogations could be even more likely to develop inaccurate
memories and give false confessions. The overall rate of these confessions
is difficult to trace. However, the Innocence Project states that over
one-quarter of confirmed wrongful convictions have involved some form
of false confession.

An important risk to mitigate

The risk of false memories and confessions is one that anyone facing criminal
charges in New Jersey should appreciate. State law recognizes the vulnerability
of adolescents to such confessions and requires the presence of a parent
or guardian during police questioning when practicable. However, for other
people, the risk of false confessions may remain high. Consequently, people
facing criminal accusations should consider speaking to an attorney to
understand their rights and alternate legal options.

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